TIRATH RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by petitioner-Tirath Raj assailing the constitutional validity of Rule 8 of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 in so far as it creates discrimination between widow and widower with regard to upper age limit for appointment on compassionate ground.

(2.) Wife of the petitioner Smt. Saroj Bala was working with the respondent-Education Department of the Government of Rajasthan on the post of Teacher Grade-III. She unfortunately died while in service on 17/9/2017 leaving behind the petitioner- husband and one son Puneet Raj aged 12 years and daughter Bhavya aged about 6 years. Petitioner applied for compassionate appointment on the prescribed proforma to the Director, Secondary Education for Rajasthan within a month on 12/10/2017. His application has however been dismissed by order dt. 29/11/2017 as is evident from the order aforesaid which is on record at Annexure-2 signed by Additional Director (Administration), Directorate Secondary School, Rajasthan Bikaner on the premise that the petitioner as per Rule 8(ii) of the Rules of 1996 had crossed the upper age limit of 40 years.

(3.) Learned counsel for the petitioner has submitted that all the Service Rules of the State of Rajasthan were amended by the State of Rajasthan enhancing the outer upper age limit for appointment in Government service from 35 to 40 years by amendment Notification No. F.7(2)DOP/A-II/84 Pt. dt. 6/3/2018 and thus the outer upper age limit, which was earlier 35 years for candidates of general category itself having been enhanced to 40 years, therefore the age of 40 years indicated as the upper age limit in Rule 8(h) ought to be revisited by the Government.